New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-08
THE INTERSTATE COMMISSION AND
SOUTHERN RAILROADS.

THE INTERSTATE COMMISSION And
SOUTHERN RAILROADS.
The Interstate Commerce Commission begins
operations by virtually repeating the most i'm
portant section of the Interstate act as to
Southern roads for the time being, leaving it yet
in force as TO all Northern roads except one.
Yet it is wrong to say with the prominent
LAWYER" quoted by "1he Herald" that the
Commission stretches its powers" lie must
be brave lawyer who hastily accuses Judge
Cooley of a misconstruction Of the law. The
celebrated fourth section expressly empowers
the Commission latter investigation to al-
thorizc any common carrier in special cases "
to charge "less for longer than for shorter
distances" II the Commission can do this
for one common carrier. it can DO the same Tor
several. and for all the common carriers of ono
section. naming them. In its ruling tic Com
mission expressly states that it has Investigated
the case presented by twcnty-scven named rail-
road companies and steamship lines. transport
ing between Northern and Southern States.
and has found that they present "a proper case
for a temporary order authorizing existing
rates to be maintained" that is. in the language
of the act authorizing charges that are less
for longer than for shorter distances" The
Commission clearly has power to authorize
this permanently, and therefore temporarily
for the act adds the Commission 81 may from
time To time prescribe the extent to which such
designated common carrier may he relieved
from the operation Of this section Of this act
Yet this is a remarkable state Of things.
Five men have the power 10 grant enormous
and almost unlimited advantages to the twenty
seven roads and steamship lines OF ono section
in their competition with other lines OF any
other section. They can relieve the twenty
seven. or any Of them from the operation OF
provision of law which thousand companies
and lines Of other sections are compelled To
obey and it is enough if the five men declare
after an Investigation satisfactory to them
selves which in this case has lasted one day.
that they find special case" which warrants
them in relieving the twcnty-sevcn lines. but
do not find a special case which arants them
in relieving the thousand remaining lines of
other sections If the act is freightcd with
blessings for people long oppressed by unjust
determinations in favor of through against
local traffic. the people of the South can be
deprived Of these great blessings by the Will OF
five men, while the people Of the North enjoy
them
1t cannot be presumed that the Commission
intends to show favoritism to any section, or
to any set or ASSOCIATION OF transporting com
panics. or to any company. Hence it seems
fair to infer that the Commission upon similar
applications. will in like manner set aside the
fourth section of the act as respects all Northern
lines which are in like manner compelled to
meet competition. The order states the claims
set I'D which seemed TO the Commission suh
Gent. As follows:
Said carriers having presented as reason ior
granting their said application the existence OF 'rdter ana
other competition claiming that the same cannot be met
except by maintaining the rates heretofore established
TO and from the said points, which alleged to be too
low enable said common carriers to carry on business
IL applied TO said intermediate points, and further
claiming that great disturbance OF business VIII occur II
present traffic arrangements and rates Immediately
changed
Exactly the same claim can with As great or
greater reason be male by all roads which
have to meet the competition OF lake trans
porters and Canadian lines, or of steamship or
barge lines on the Ohio Missouri and Mississippi
rivers or of vessels On the Atlantic and Pacific
coasts. In short. the same claim can be made
with equal reason, so far as the public is in
formed, by nearly all transporting companies
in this country and if the Commission acts
equitably, as every one expects that 1t WILL
the operation Of the fourth section can upon
application be set aside for substantially all
common carriers until the COMMISSIONERS had
time TO investigate further in each case. Who
will deny that "grcat disturbance OF business
will occur" and has, IN fact. already occurred,
in consequence of the operation of the act in
Northern States Dispatches report shipments
of -four by the thousand barrels down the
Mississippi Rivct because railroad lines arc no
longer able TO compete. Other dispatches re-
port that shipments to the region beyond Chi
cago are greatly disturbed, because freight has
TO he rebiled at that city in consequence OF the
operation of the section which the Commission
has suspended as to Southern roads. Would
10 not he more wise and equitable for the Gem
mission to suspend at once the operation OF that
section, regarding all transporting companies
in the country, until further investigation
If this seems ludicrous what is TO be said OF the
law itself, or of the ruling in regard to South
crp companics